People v. Jenkins

• Decision Date: 26 June 1980
• Citation: 409 N.E.2d 944,50 N.Y.2d 981,431 N.Y.S.2d 471
• Parties: , 409 N.E.2d 944 The PEOPLE of the State of New York, Respondent, v. William JENKINS, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 471

431 N.Y.S.2d 471

50 N.Y.2d 981, 409 N.E.2d 944

The PEOPLE of the State of New York, Respondent, v.William JENKINS, Appellant.

Court of Appeals of New York.

June 26, 1980.

Michael A. Ciaffa and William E. Hellerstein, New York City, for appellant.

Mario Merola, Dist. Atty. (Harold Kenneth King, Jr., and Alan D. Marrus, Asst. Dist. Attys., of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 69 A.D.2d 1022, 414 N.Y.S.2d 948, should be affirmed.

It was permissible to join the two robberies in a single indictment because the offenses were "the same or similar in law"(CPL 200.20, subd. 2, par. (c)).The defendant's motion to sever was addressed to the trial court's discretion (CPL 200.20, subd. 3).On this record it cannot be said that the court abused its discretion as a matter of law in denying the defendant's motion for a severance.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed in a memorandum.

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